¶1dissenting.
¶2I respectfully dissent to the majority opinion in this case. The majority correctly states the law of conspiracy. The cases cited by the majority wholly support the trial court in this case. Although, as pointed out by the majority opinion, the prosecuting attorney did lead a witness, there was in fact evidence from which the jury could determine that the appellant did in fact conspire with others to travel in an automobile to another location in the town for the express purpose of engaging in a fight with another group of persons.
¶3The fact that the persons travelling in the automobile took instruments; to-wit: An iron rod, a chain with a handle, and a stick or club, is evidence from which the jury could conclude that each of the participants intended to use such weapons and planned with his cohorts that they should do likewise.
¶4For this Court to reverse the trial court in this case, it is necessary that we weigh the evidence and come to a conclusion contrary to facts found by the trial court. This, we have stated on many occasions, we should not do.
¶5I would affirm the trial court in this case.
¶6PIVARNIK, J., concurs.